11-9-2021 MinutesMINUTES
REGULAR MEETING
November 9, 2021
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas,
on November 9, 2021, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council
Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members
present to -wit:
Present: Mayor Ralph Gutierrez; Mayor Pro -Tem Michael Dahle; Councilmember Mark
Davis; Councilmember Rosemary Scott; Councilmember Jill Whittaker;
Councilmember David Scagliola; Councilmember Allison Heyward;
Councilmember Tim Brown
City City Manager Dr. Mark Browne; Assistant City Manager Brian James;
Staff: Assistant City Manager Charles Kelm; City Attorney Adolfo Ruiz; City
Secretary Brenda Dennis; Assistant to the City Manager Sarah Gonzalez;
Deputy City Secretary Sheila Edmondson
Call to Order
Mayor Gutierrez called the meeting to order at 6:00 p.m.
Opening Prayer and Pledges of Allegiance to the Flags of the United States and
State of Texas. (Councilmember Scagliola)
Councilmember Scagliola provided the opening prayer followed by the Pledges of
Allegiance to the Flags of the United States and the State of Texas.
Presentations
® Love Where You Live (Eric Wilber/L. Wood/R. Vera)
Mayor Gutierrez recognized Mr. Eric Wilber, Chairman with Love Where You
Live, a 501(3)c Non - Profit organization. He stated their Vision is to "Inspire
collaboration between cities, churches, businesses, other non - profits and schools
to achieve physical transformation through neighborhood cleanups, home
maintenance and repair projects ".
Mr. Wilber provided a PowerPoint presentation about their organization and the
neighborhoods they serve.
LWYL Strategy use the principle of "love your neighbor as yourself'
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(Matthew 22.39) to show how much we love and care for our neighbors.
• Focus our efforts on helping homeowners who may not be able to do the
work themselves (widows, elderly, disabled, impoverished, etc.)
• Keep our neighborhoods beautiful, safe and stable through both semi - annual
clean-up events and individual home projects
• Become a resource for local governments, non - profits, churches and
residents when they see neighbor in need.
Mr. Wilber provided a re -cap of their latest event held in the Northcliffe
Neighborhood on October 23, 2021. They served 34 homeowners and had a
record 224 volunteers that provided much needed clean -up for several homes. He
wanted to thank Republic Services, City of Schertz Public Work employees, City
Council and Schertz residents. It was a successful event and made a real
difference for some homeowners in Northcliffe.
Employee Recognition
Mayor Gutierrez recognized City Manager Dr. Mark Browne who presented the 25
Years of Service Pin to the following employees:
* 25 Years of Service Pin recognition to John Eisen
• 25 Years of Service Pin recognition to Marc Bane
New Employee Introductions:
Various Department Heads introduced the following new employees from their
departments:
• Animal Services - Mariah Quinn - Animal Services Officer
• Civic Center/Events - Larry Deveny - Part-time Events Attendant
• Engineering - Travis Westbrook - Graduate Engineer
• Neighborhood Services - Amanda Cantu - Sanitarian
• Public Works - Vanessa DiCiolla - Administrative Manager; Adrian Puentes -
Fleet Crew Supervisor; Jorge Guzman Service Worker 1
City Events and Announcements
• Announcements of upcoming City Events (B. James /C. Kelm/S. Gonzalez)
Thursday, November 11th
Veteran's Day Ceremony - 9:00 AM - Veterans Memorial Plaza
Thursday and Friday, November 11th and 12th
Veteran's Day Holiday, City Offices Closed
Friday, November 12th
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Hal Baldwin Scholarship Golf Tournament - 8:00 AM-- 5:00 PM - Olympia Hills
Golf Course & Conference Center
Saturday, November 13th
Nature Discovery Series — Discover Early Texans - 10:00 AM - Crescent Bend
Nature Park
Monday, November 15th
Special Council meeting to canvass election results, 6:00 PM, Council Chambers
Thursday and Friday, November 25th and 26th
Thanksgiving Holiday, City Offices Closed
Thursday, December 2nd
Deck the City Hall (Tree Lighting Ceremony) - 6:00 PM - Building #1 (in front
of City Hall)
Saturday, December 4th
Holidazzle - 8:00 AM — 7:00 PM - Hal Baldwin Municipal Complex
Breakfast with Santa, Sessions at 8:00 AM, 9:30 AM, and 11:00 AM. Tickets are
$10.00 and registration is required. Call the Parks & Rec Office at 210 -619 -1850
for more information
Kris Kringle Market from 10:00 AM — 3:00 PM
Holiday Hoopla! Featuring the Mt. Schertz snow hill and snow angel play area.
Festival of Angels Lighted Night Parade -- $15.00 fee for businesses to
participate. Register on CivicRec.
Tuesday, December 7th
Next regular scheduled Council meeting, 6:00 PM, Council Chambers
*Announcements and recognitions by the City Manager (M. Browne)
City Manager Dr. Mark Browne stated that the Mayor, Schertz EMS and himself
participated in a Randolph Air Force Base ceremony /photo shoot, that also
included Randolph AFB personnel and City of Schertz employees. The ceremony
was to recognize the Inter -Local Agreement that was signed by both entities. He
also thanked Assistant to the City Manager Sarah Gonzalez for setting up the
ceremony today and EMS Director Jason Mabbitt for his work on the Interlocal
Agreement with Randolph Air Force Base.
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Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each
person should fill out the speaker's register prior to the meeting. Presentations should
be limited to no more than 3 minutes.
All remarks shall be addressed to the Council as a body, and not to any
individual member thereof. Any person making personal, impertinent, or
slanderous remarks while addressing the Council may be requested to leave the
meeting.
Mayor Gutierrez recognized the following:
• Maggie Titterington, 1730 Schertz Parkway- Ms. Titterington gave a brief update
on the 4th Annual Skylight Balloon Fest held in City of Selma. It was a great
success and had over 15,000 attendees. Next year's Skylight Balloon Fest is
already in the works. The last Chamber Luncheon of the year will be held on
Tuesday, November 16, 2021, at the Schertz Civic Center. It will be the
Membership Appreciation and Awards Ceremony. The Chamber and Military
Affairs Committee will be hosting the Veterans Day Ceremony at 9:00 a.m. on
Thursday, November 11, 2021, at Veterans Plaza in Schertz. Registration to be
part of the Health and Wholeness Fair that The Chamber and City of Schertz are
hosting, is scheduled for January 29th, 2022. It will be free to the public. More
information will be the Chamber's website very soon.
Judy Goldick, 807 Main Street - Ms. Goldick has concerns about the parking on
Main Street. She will be opening up her 6th business on Main Street and there are
alot of cars parked on Main Street. Business owners are trying to revitalize the
Main Street area and with 40 -50 cars parked regularly on that street, it is a
concern for the business owners. She stated the cars that are being moved
around, and they block the view and do not provide accessibility to the customers
who want to patronize Main Street businesses. She wanted to bring her concerns
to City Council.
Consent Agenda Items
The Consent Agenda is considered self - explanatory and will be enacted by the Council
with one motion. There will be no separate discussion of these items unless they are
removed from the Consent Agenda upon the request of the Mayor or a Councilmember.
Mayor Gutierrez read the following items into record:
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1. Minutes — Consideration and/or action regarding the approval of the minutes
of the regular meeting of October 26, 2021. (B. Dennis)
2. Appointments and Resignations to the Various City Boards, Commissions
and Committees - Consideration and/or action approving the resignation of
Mr. Bill Bowers from the Transportation Safety Advisory Commission
(TSAC), the appointment of Mr. Michael Winter as a Regular Member, and
the appointments of Mr. Andres Dominguez and Mr. Paul Wiley as Alternate
Members. (B. Dennis /Council)
3. Resolution No. 21 -R -117 - Consideration and/or action approving a
Resolution by the City Council of the City of Schertz, Texas authorizing a
Public Library Interlocal Agreement with Guadalupe County. (B. James /M.
Uhlhom)
Mayor Gutierrez asked Council if there were any items they wished removed
for separate action, as there were none, Mayor Gutierrez asked for a motion to
approve Consent Agenda Items 1-3.
Moved by Councilmember Mark Davis, seconded by Councilmember
Allison Heyward to approve consent agenda items 1 through 3
AYE: Mayor Pro -Tem Michael Dahle, Councilmember Mark Davis,
Councilmember Rosemary Scott, Councilmember Jill Whittaker,
Councilmember David Scagliola, Councilmember Allison
Heyward, Councilmember Tim Brown
Passed
Discussion and Action Items
4. Resolution 21 -R -123 - Consideration and approval of a Resolution by the
City Council of the City of Schertz, Texas authorizing and approving
publication of Notice of Intention to issue Certificates of Obligation;
complying with the requirements contained in Securities and Exchange
Commission Rule 15c2 -12; and providing an effective date. (M. Browne /J.
Walters)
Mayor Gutierrez read the following item into record:
Resolution No: 21 -R -123
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AND APPROVING
PUBLICATION OF NOTICE OF INTENTION TO ISSUE
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CERTIFICATES OF OBLIGATION; COMPLYING WITH THE
REQUIREMENTS CONTAINED IN SECURITIES AND EXCHANGE
COMMISSION RULE 15c2 -12; AND PROVIDING AN EFFECTIVE
DATE
Mayor Gutierrez recognized Finance Director James Walters who explained
that for the City to issue Certificates of Obligation ( "CO ") to fund capital
improvement projects, the City must first adopt a Notice of Intention
Resolution and then post the Notice of Intention in the City's paper of record
for two consecutive weeks and post the Notice on the City's website.
By law, the City can sell its COs at least 46 days after the first publication so
long as a petition, certified by the City Secretary, containing signatures of at
least 5% of the qualified voters, is not submitted to the City prior to the
sale. This Resolution alerts the Citizens that the proposed projects will be
considered, and a Certificate of Obligation ( "CO ") may be approved on
January 11, 2022.
The Resolution makes clear that the City intends to issue COs in an amount
not -to- exceed $10,150,000 for the purposes of purchasing and installing
energy management and conservation equipment, street improvements and
constructing improvements to the City's Utility System, which includes FM
1518 utility relocation and roadway improvements for FM 3009 and FM
intersection.
Moved by Councilmember David Scagliola, seconded by Councilmember
Tim Brown to approve Resolution No. 21 -R -123.
AYE: Mayor Pro -Tem Michael Dahle, Councilmember Mark Davis,
Councilmember Rosemary Scott, Councilmember Jill Whittaker,
Councilmember David Scagliola, Councilmember Allison
Heyward, Councilmember Tim Brown
Passed
5. Ordinance No. 21 -F -47 - Consideration and/or action approving an
Ordinance by the City Council of the City of Schertz, Texas amending
Chapter 90, of the Code of Ordinances, Article V, Water and Wastewater
Capital Recovery Fees; Repealing all Ordinances or Parts of Ordinance in
conflict with this Ordinance, and providing an effective date. (First Reading)
(C. Kelm/S. Williams /S. McClelland)
Mayor Gutierrez read the following item into record:
ORDINANCE NO. 21-F-47
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AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AMENDING CHAPTER 90 OF THE CODE OF
ORDINANCES, ARTICLE V. WATER AND WASTEWATER
CAPITAL RECOVERY FEES, REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE;
AND PROVIDING AN EFFECTIVE DATE
Mayor Gutierrez recognized Assistant Director of Public Works Scott
McClelland who gave a presentation and explained the changes in a section of
Chapter 90 that needs to be modified with regard to how capital recovery fees
are assessed. The first revision is to change the time of assessment of capital
recovery fees to final plat recordation. This change aligns the City process with
surrounding agencies such as CCMA and SSLGC.The second revision is to
clarify language regarding properties that were platted prior to the first capital
recovery fee being established. The proposed revision will charge
developments platted prior to the first capital recovery fees an amount equal to
the initial capital recovery fee. The current wording of the section would
require the development to pay the current capital recovery fee.
Assistant City Manager Brian James explained the reasoning for making the
changes to this part of Chapter 90.
Council had some questions concerning if the city is giving too much of a
break on the impact fees to a developer who recorded their final plat years
ago, but are now just deciding to build. Mr. James said it mainly affects the
older parts of town where plats were recorded and not built up. He did state
with the city bringing in less revenue, it was thought to be a more fair and
consistent to those who recorded before the impact fees were updated.
Moved by Councilmember Tim Brown, seconded by Councilmember
Allison Heyward to approve Ordinance No. 21 -F -47 on first reading.
AYE: Mayor Pro -Tem Michael Dahle, Councilmember Mark Davis,
Councilmember Rosemary Scott, Councilmember Jill Whittaker,
Councilmember David Scagliola, Councilmember Allison
Heyward, Councilmember Tim Brown
Passed
6. Ordinance No. 21 -T -48 - Consideration and/or action approving an
Ordinance by the City Council of the City of Schertz, Texas authorizing an
adjustment to the Fiscal Year 2021 -2022 Budget to provide additional funding
for the Tri County Parkway Project Construction Phase, repealing all
Ordinances or Parts of Ordinances in conflict with this Ordinance; and
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providing an effective date. First Reading (M. Browne /A. Perez)
Mayor Gutierrez read the following item into record:
ORDINANCE NO. 21-T48
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN ADJUSTMENT TO THE
FISCAL YEAR 2021- 2022 BUDGET TO PROVIDE ADDITIONAL
FUNDING FOR THE TRI COUNTY PARKWAY PROJECT
CONSTRUCTION PHASE, REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE;
AND PROVIDING AN EFFECTIVE DATE.
Mayor Gutierrez recognized Economic Development Director Adrian Perez
who provided information on the request to adjustment to the Fiscal Year
2021 -2022 Budget to provide additional funding for the Tri County Parkway
Project Construction Phase,
Tri County Parkway, from Corridor Parkway to FM 3009, and Lookout Road
between Tri County Parkway and Doerr Lane ( "Tri County Parkway ") is
a major collector that supports primary job employers and commercial
businesses within the Schertz Industrial Park.
On October 17, 2019, the SEDC Board of Directors approved Resolution No.
2019 -19 recommending to City Council approval of up to $4,050,000.00 for
the Tri County Parkway project from the FY 2020 -2021 SEDC Budget. On
January 7, 2020, City Council approved Resolution No. 20 -R -03 approving
allocation of funding for the Tri County Parkway project.
A brief description of the project includes the reconstruction of Tri County
Parkway from Corridor Parkway to FM 3009 and Lookout Road from Tri
County Parkway to Doerr Lane and replacement and upsizing of the sanitary
sewer mains in those roadway segments. The original project scope included
improvements to the intersection at Tri County Parkway and FM 3009.
However, TxDOT has indicated signaling is currently not warranted. This
element was removed from the scope.
Engineering released Request for Bids (RFB) on August 10, 2021. Bids were
opened on Tuesday, September 21, 2021, for the Tri County Parkway Project.
To date, the SEDC Reserves have transferred a total of $4,050,00.00 to the
City General fund in support of the Tri County Parkway project. Total
construction budget based on lowest bid and contingency totals
$4,900,000.00. This Budget Adjustment Ordinance allocates an additional
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$1,240,000.00 bringing the total project cost including scoping and
construction to $5,290,000.00 summarized as follows:
Original Project Allocation $4,050,000.00
- Engineering Costs $ 390,000.00
= Construction Balance $3,660,000.00
Construction Budget Required (Lowest Bid + 8% Contingency)
$4,900,000.00
Construction Budget Adjustment (Budget Adjustment Ordinance
21 -T -48) $1,240,000.00
Total Project Cost: $5,290,000.00
On October 28, 2021, the SEDC Board of Directors approved Resolution No.
2021 -10 recommending to City Council approval of up to $5,290,000.00 for
resurfacing of Tri County Parkway.
Councilmember Scott asked if this budget adjustment was for an expansion
project. Mr. Perez explained the project was just to resurface the existing
roads in the Tri County Parkway.
Moved by Councilmember Rosemary Scott, seconded by Mayor Pro -Tem
Michael Dahle to approve Ordinance No. 21 -T -48 on first reading.
AYE: Mayor Pro -Tem Michael Dahle, Councilmember Mark Davis,
Councilmember Rosemary Scott, Councilmember Jill Whittaker,
Councilmember David Scagliola, Councilmember Allison
Heyward, Councilmember Tim Brown
Passed
7. Resolution No. 21 -R -120 - Consideration and/or action regarding approval of
a Resolution casting votes to elect Board of Directors for the Bexar County
Appraisal District for the FY2022 -2023 term. (Mayor /Council)
Mayor Gutierrez read the following item into record:
RESOLUTION NO. 21-R-120
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS CASTING VOTES TO ELECT DIRECTORS FOR
THE BEXAR COUNTY APPRAISAL DISTRICT FOR THE 2022 -2023
TERM.
Mayor Gutierrez recognized City Secretary Brenda Dennis who provided
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information for the Bexar County Appraisal District Board of Director
nominees explaining that the City of Schertz has three votes to cast.
Councilmember Heyward recommended Bexar County Candidate: Trish
DeBerry. Councilmember Whittaker and Councilmember Brown concurred
with Councilmember Heyward's recommendation to give 3 votes to Trish
DeBerry.
Moved by Councilmember Allison Heyward, seconded by Councilmember
Jill Whittaker to approve Resolution No. 21 -R -120 casting the 3 votes for
Trish DeBerry.
AYE: Mayor Pro -Tem Michael Dahle, Councilmember Mark Davis,
Councilmember Rosemary Scott, Councilmember Jill Whittaker,
Councilmember David Scagliola, Councilmember Allison
Heyward, Councilmember Tim Brown
Passed
8. Resolution No. 21 -R -121 - Consideration and/or action regarding approval of
a Resolution casting votes to elect Board of Directors for the Comal County Appraisal
District for the FY2022 -2023 term.(Mayor /Council)
Mayor Gutierrez read the following item into record:
RESOLUTION NO. 21-R-121
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS CASTING VOTES TO ELECT DIRECTORS FOR
THE COMAL COUNTY APPRAISAL DISTRICT FOR THE 2022 -2023
TERM.
Mayor Gutierrez recognized City Secretary Brenda Dennis who provided
information for the Comal County Appraisal District Board of Director
nominees. She stated that the City of Schertz has 64 votes that could be given
to one candidate or Council could divide them amongst the nominees.
Ms. Dennis stated staff reached out to the City of Garden Ridge and they had
nominated and cast their votes for Randy Maschek. Councilmember Heyward
agreed with the City of Garden Ridge's choice and recommended that all 64
votes be given to Candidate Randy Maschek.
Moved by Councilmember Allison Heyward, seconded by Councilmember
Tim Brown to approve Resolution No. 21 -R -121 casting the 64 votes for
Randy Maschek.
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AYE: Mayor Pro -Tem Michael Dahle, Councilmember Mark Davis,
Councilmember Rosemary Scott, Councilmember Jill Whittaker,
Councilmember David Scagliola, Councilmember Allison
Heyward, Councilmember Tim Brown
Passed
9. Resolution No. 21 -R -122 - Consideration and/or action regarding approval of
a Resolution casting votes to elect Board of Directors for the Guadalupe
County Appraisal District for the FY2022 -2023 term. (Mayor /Council)
Mayor Gutierrez read the following item into record:
RESOLUTION NO. 21-R-122
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS CASTING VOTES TO ELECT DIRECTORS FOR
THE GUADALUPE COUNTY APPRAISAL DISTRICT FOR THE 2022-
2023 TERM
Mayor Gutierrez recognized City Secretary Brenda Dennis who provided
information for the Guadalupe County Appraisal District Board of Director
nominees. Ms. Dennis stated that the City has 245 votes for which Council
could cast their votes for one candidate or distribution the 245 among the
others.
Ms. Dennis stated staff reached out to the following cities:City of Selma will
be casting their votes for Daryl John, City of Cibolo at the time of the writing
did not indicate where they will be casting their votes.
Councilmember Scagliola recommended either Daryl John or Letticia Sever.
Councilmember Whittaker recommended splitting the 245 votes between both
candidates. Councilmember Scagliola recommended splitting the votes: 125 to
Daryl John and 120 to Letticia. Councilmember Heyward recommended: 120
votes for Daryl John and 125 to Letticia Sever.
Moved by Councilmember Allison Heyward, seconded by Councilmember
Tim Brown to approve Resolution No. 21 -R -122 casting 120 votes for
Daryl John and 125 votes for Lettica Sever
AYE: Mayor Pro -Tem Michael Dahle, Councilmember Mark Davis,
Councilmember Rosemary Scott, Councilmember Jill Whittaker,
Councilmember David Scagliola, Councilmember Allison
Heyward, Councilmember Tim Brown
Passed
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Roll Call Vote Confirmation
Mayor Gutierrez recognized Deputy City Secretary Sheila Edmondson who provided
the roll call for Items 1 -3, and 4 -9.
Closed Session
Mayor Gutierrez read the following:
10. City Council will meet in Closed Session under Section 551.071 of the Texas
Government Code, Consultation with Attorney to receive legal advice related
to utility relocation associated with the FM 1518 project.
Mayor Gutierrez recessed the meeting into Closed Session at 7:16 p.m. and
read the following item into record:
Reconvene into Regular Session
Mayor Gutierrez reconvened back into regular session at 7:47 p.m.
10A. Take any action based on discussions held in closed session under Agenda
Item 10.
No action taken at this time.
Roll Call Vote Confirmation
No roll call vote.
Information available in City Council Packets - NO DISCUSSION TO OCCUR
Mayor Gutierrez mentioned Item 11 indicating this was informational item only and
that the information was provided in the Council packets as well as can be found
online.
11. Monthly update - on Major Projects in progress /CIP. (B. James /K. Woodlee)
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Requests and Announcements
Requests by Mayor and Councilmembers that items or presentations be placed on
a future City Council agenda.
Councilmember Scott stated she would like a presentation on the plans and
progress of the Main Street Project after the new year.
e Announcements by Mayor and Councilmembers
Mayor Pro -Tern Dahle attended: Grand Opening Ceremony for the new Chamber
Office in Selma, Ribbon Cutting Ceremony for the Purple Pig Restaurant
Councilmember Whittaker attended: Coffee with the Chamber, Grand Opening
Ceremony for the new Chamber Office in Selma, Ribbon Cutting Ceremony for
the Purple Pig Restaurant
Councilmember Scagliola attended: The Lion's Club Casino Night, a reminder
that the Schertz Small Business Grant Program Applications are due by the 1 st of
December, and the Hal Baldwin Golf Tournament
Adjournment
Mayor Gutierrez adjourned the meeting at 7:51 p.m.
ATTEST:
Bre"n"da-Dennis, City Secretary
�kalph C�tatierrez, Mayor
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